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FAQs on Employment under the ADA

By Edited Apr 24, 2016 0 0

The Americans with Disabilities Act of 1990 was made in order to have a "clear prohibition of discrimination based on disability." According to the law, a person with disability has the civil right to enjoy employment, public accommodation, transportation, state and local government services, and telecommunication.

The ADA is divided into four titles. Title I of ADA focuses on employment and states that employers should give a person with disability his right and benefits of employment. The following are some of the frequently asked questions about ADA's Title I.

What employers are covered by ADA?

Employers with 15 or more employees, either full or part time, are covered by the law as of July 26, 1994. The nature of the business may fall under the following:

  • Agencies providing fringe benefits or training program

  • Employment agency

  • Labor agency

  • Private employers

  • State and local government

What practices and activities are covered?

ADA prohibits discrimination against people with disability in employment practices like job application, appointing, firing, promotion, compensation, training, and privileges. It also applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and other employment-related activities.

Who is a "qualified individual with disability?"

This person met the requirements of the employment position he is seeking or currently holding, and can perform his tasks or "essential functions" with or without reasonable accommodation. Disability, meanwhile, is defined as "a physical or mental impairment that substantially limits one or more major life activities." The disabled should have a record of such impairment or is regarded as having impairment.

What is "reasonable accommodation" and when is it required?

Reasonable accommodation is a change or adjustment to the job or work environment that will help a qualified, disabled employee to join in the application process or to perform his job. Such benefit is given by the employer to qualified employees with a "known" disability. The employee should request and suggest an appropriate accommodation to his employer; otherwise this would not be given to him. Except in a case wherein the disability impairs the employee's ability to communicate his need for accommodation.

Are there limitations to giving reasonable accommodations?

An accommodation is unreasonable if it results to undue financial or administrative burden of the company. Financial burden happens when the company experiences budget deficit due to accommodation and a fundamental change in a program is considered an administrative burden.

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